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INHERITANCE LAW
INHERITANCE
LAW
Inheritance
law in Turkey
Property and money left by
a deceased person are divided among close relatives as stated in the
Civil Code. Persons with such rights of inheritance are called heirs
in legal terminology. According to the provisions of the Civil Code,
the first heirs of a deceased person are his children. If the deceased
has no children, his parents are his heirs. If his parents are no
longer alive, their children become his heirs. The least of a deceased
person's heirs among his close relatives are his grandparents and
their offspring. If the wife or husband of the deceased is included
with his children in the sharing of the inheritance, then he or she
has the right of one-forth. A spouse who is sharing the inheritance
with the deceased's father, mother, and their offspring has a right to
half of it. A spouse who is sharing the inheritance with the
deceased's grandfather, grandmother, and their offspring has a right
to three-fourths. If none of the deceased's next of kin survives, the
entire estate goes to his surviving spouse. If the deceased leaves no
surviving heirs, his estate becomes the property of the State. An heir
is liable for all the debts and eligible for all the credits of the
deceased person. In some cases, the wealth left as inheritance may not
be sufficient to cover the debts of the deceased. An heir who wishes
not to be liable for the debts may disclaim the inheritance be
applying to a court within three months of the death.
Will
law in Turkey
A person who has completed
fifteen years of age and having full mental capacity can make a will
within the limits and the form which are specified by the Civil Code.
In case of error, fraud or duress, the will is not valid. A will may
be executed in official form, in handwriting, or orally. A will
executed in official form will be made in the presence of a notary
public or a justice of the peace in accordance with certain formal
conditions, and the final text will be signed by two witnesses. A will
executed in handwriting must include the place, day, month, and year
in which it was made and must be written entirely in the testator's
handwriting and include his signature. A will prepared in this way
will be given to the court or to the notary public for safekeeping.
Reserved portion law in
Turkey
A person is free to make
testamentary dispositions in preparation of a will within the limits
set by the Civil Code. Articles 452-453 of the civil Code guarantee a
portion of the will as the rights of offspring, father and mother,
brother and sister and surviving spouse. According to this, A) the
reserved portion and legal inheritance right of offspring is 75% B)
the reserved portion of inheritance for father and mother is 50%. C)
The legal inheritance right for every brother and sister is 25%. D) If
the surviving spouse shares inheritance in other situations but no
with children, the reserved portion is 50% of the legal inheritance
right. E) If the deceased person leaves some wealth to an association
which is working for public benefit or to a foundation which has tax
exemption, in those cases reserved portions are 2/3 of the amount
mentioned above.
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